Descriptive questions on Criminal Procedure Code [ Beginner level]

  • What is the relevance of schedule I of the Criminal Procedure Code. Discuss its relevance to the IPC and bailable/ non-bailable and Cognizable/ non cognizable offences.
  • Certain function of the Executive Magistrate can be assigned to the Commissioner of Police. How? Would you consider recommending Transfer of such functions to the police from Executive Magistrate?
  • What is the role of the District magistrate or the Sub Divisional Magistrate under section 97 and 98 of the CrPC . what provisions of the CrPC are applicable to section 97 and 98 of Cr.PC?
  • What are the duties of the Executive Magistrates in preventing breach of peace And to maintain public tranquility. What can he do to prevent breach of peace In Dispute concerning land or water?
  • What is the relevance of Indian Penal Code for the Executive Magistrate? Do they have any functions to perform under the I.P.C? (b) Why is section 197 of Cr.PC important? Does it act as a deterrent to combating corruption in public life?
  • Differentiate between Assistant Public Prosecutor and Public prosecutor.
  • What are the rights of the arrested person under the Constitution and CrPC ?
  • When police can arrest without a warrant ?
  • Section 50, Cr.P.C. mandatorily requires the arresting authority to inform the arrestee of full particulars of the offence for which he is arrested or other grounds if any for such arrest – explain.
  • When will a search warrant be issued?
  • When police need warrant to search?
  • What is the procedure for investigation , site law?
  • Differentiate between recording statement u/s 161 and 164
  • When Bail shall be refused in non- bailable offence?
  • Discuss the security for keeping the peace on conviction. What is its main purpose?
  • Discuss the procedure of arrest by a private person and police officer.
  • Can a Magistrate arrest a person or order any person to arrest him?
  • Define cognizable and non cognizable offences.
  • Discuss the law relating to keeping peace and security.
  • Discuss the process to compel the appearance of the accused in the court.
  • What circumstances would justify a Magistrate to require a person to show cause as to why he should not be ordered to execute a bond with or without security for his good behaviour?
  • Who may claim under Section 125 of this Act? Enumerate the situation in which a wife will not be entitled to receive an allowance from her husband.
  • Discuss the procedure with regard the alternation in allowances under Section 127 of Cr.P.C.
  • Discuss the propose of ‘charge’. State the details given in the charge. Can the Court alter the charge? If so, how and when.
  • For each offence there must be a separate ‘charge’? Discuss this statement along with its extensions. What are the circumstances under which persons committing different offences may be tried together?
  • Discuss the law relating to Bail. What is the basis for bail in a non-bailable case? What is anticipatory bail?
  • Discuss the powers of Sessions Judge to transfer cases and appeals. Can he withdraw or recall any case or appeal? Discuss.
  • . “A person once convicted or acquitted shall not be tried again for the same offence”, Comment. Are there any exceptions to this rule? If so, what?
  • Why Hussainara Khatoon v. Home Secretary, State of Bihar is important?
  • The Supreme Court of India has observed in the case of Joginder Kumar v. State of Uttar Pradesh, that the power of arrest should not be exercised in a routine manner- Explain.
  • Write down the guidelines on arrest given in Arnesh Kumar v. State of Bihar.
  • Legislative authority for the detention of persons in prison for a suspected offence is provided under section 167 and 309(2) Cr.P.C. The Code, however, makes a clear distinction between detention in custody before and after taking cognizance. The former is covered by s. 167 of the Cr.PC, and the latter by s. 309 Cr.P.C- Explain
  • In Rasiklal v. Kishore s/o Khanchand Wadhwani 105 the Supreme Court held that the right to bail for bailable offences is an absolute and in-defeasible right and no discretion can be exercised as the words of s. 436 Cr.P.C are imperative and the person accused of an offence is bound to be released as soon as the bail is furnished- Explain
  • In light of Rao Harnarain Singh Sheoji Singh v. The State[AIR 1958 P&H 123] write down the provisions for granting bail.
  • 438 of Cr.P.C. is an extraordinary remedy and should be adopted in special or exceptional cases- explain
  • Whether anticipatory bail be granted in relation to offences punishable with life imprisonment or death- explain with the help of Gurbaksh Singh Sibbia’s case Distinguish between Discharge and Acquittal?

Write short notes:

  1. Zero FIR
  2. Cognizance of offence
  3. Sanction for prosecution
  4. Local Jurisdiction of Magistrate
  5. Trial of Complaint Case
  6. Power of superior Police Officers u/s 36,37,39,40.
  7. Prisoner Transfer Warrant
  8. Prosecution Witness.
  9. Non Bailable Warrant
  10. Absence of accused u/s 317
  11. Produce documents u/s 91
  12. Issuance of process
  13. Additional documents to be filed after filing a charge sheet u/s 173(5)(8)
  14. Case Diary
  15. Final report
  16. Scene of Crime
  17. Habitual Offender
  18. History Sheet
  19. Remand
  20. Custodial death
  21. Summary trial
  22. Preventive action of Police
  23. Bail pending Appeal
  24. Recording evidence at Session trial
  25. Importance of section 313
  26. Additional evidence at appeal stage
  27. Compounding of non-compoundable offence
  28. Review petition in Supreme Court
  29. Appeal by Victim
  30. Inherent power of High Court

Descriptive questions on Indian Penal Code [Beginner Level]

1.What are the mitigating factors? Discuss the factors responsible for variations in criminal liability.
2.“The intent and the act must both concur to constitute a crime”. Explain this statement with reference.
3. Write a note on “wrongful gain and wrongful loss”. What is Undue enrichment? 
4. What is Private defence? When does the right of private defence of the body extend to cause death?
5. Who is an ‘abettor’? What is abetment of a thing? A man said his wife to bring money from her father – the woman committed suicide after 15 days – whether the husband can be charged with the offence of abetting dowry death? 
6. Write a note on election offences. Election offence must be dealt with rigorously – explain.
7. Distinguish ‘rioting from affray’. Explain Communal violence.
8. State the circumstances when culpable homicide does not amount to murder? What are the aggravating factors?
9. What is wrongful restraint? Distinguish it from wrongful confinement. The students made a ‘Gherao’ of the principal of a college – is any justification available to the students? 
10. Distinguish hurt from grievous hurt. In a police firing, a man lost his left eye whether he can lodge an FIR against the police for grievous hurt?
11. Write a note on criminal force and assault. Police used a third Degree to get evidence from a murder case accused – explain the consequences. 
12. What is Kidnapping? Distinguish it from abduction. Age is a factor in Kidnapping – explain.
13. How do theft and extortion become robbery? When a robbery can be branded as Dacoity? 
14. State briefly criminal misappropriation of property and criminal breach trust.
15.Write a note on cheating. Whether the element of Cheating is the essential ingredient for criminal breach of trust?
16.Discuss criminal trespass. How does it differ from housebreaking? Refer to cases.
17.What is defamation? State the exceptions. Whether a man could be competent to institute both civil and criminal cases against the same offender? 
18. Write a note on ‘Mischief’.  How it is different from cheating?
19. State the ingredients of adultery. Whether a son can complain for his father`s second marriage?
20. What is mens rea? State its significance in statutory offences. When means rea is not necessary to prove an offence?
21. Whether a girl aged 15 years could be charged with the offence of murder?
22. Solitary confinement. How long one could be put in an isolated cell at a time?
23. Define public servant. How they are different from Government servant?
24. Explain the nature and extent of unsoundness of mind required to exempt a person from criminal liability. Refer to leading cases.
25. What is giving false evidence? Distinguish it from fabricating false evidence.
26. What is Criminal conspiracy? Whether a single man can indulge in Conspiracy?
27. A instigated B to murder D. B in pursuance of the instigation stabs D. D recovers from the wound. What is the liability of A?
28. What is hurt ? Explain the circumstances under which hurt becomes grievous hurt. Illustrate.
29. What is force? When does it become a criminal force? Justify lathi charging by police in VIP duty. 
30. Write the ingredients of the offence of Causing miscarriage. whether a mother can be charged for causing the miscarriage of her 14-week fetus? 
31. A builds a wall across a path along which B has a right to pass, B is thereby prevented from passing. What is the offence committed by A?
32. What is kidnapping from lawful guardianship? A 16 years boy elope with a 17 years girl – who is the offender in this case?
33. Define criminal breach of trust by a government servant. Whether a man appointed to stock Government food grain for flood relief sold it in the market shall be convicted for criminal breach of trust on proof?
34. What is an Unnatural offence? Whether consensual sex between two adults be considered as an offence.
35. Hindustan Transport Company is entrusted by ‘A’ with property to be carried by land. The carrier company dishonestly mis-used the property. What is the offence that carrier company committed?
36. Explain forgery. When a person is said to have made a false document?
37. Define adultery. When does the second marriage becomes an offence? Whether a Muslim can be charged for engaging third marriage. Whether ‘Nikaha Hala’ is adultery?
38. Define defamation. Whether posting some materials in FaceBook amounts to defamation?
39. Attempt to commit offence. How to distinguish that whether a man attempted to murder or grievous hurt, given that an accused was arrested with a iron rod .
40. What are the theories of awarding punishment? In the Indian scenario where the rate of education is low – which theory could be best for the society?
41. Write a note on solitary confinement. Whether a juvenile can be kept in solitary confinement – Refer Juvenile Justice act.
42. What is a crime ? Explain the difference between Crime and Tort. Whether a slight hurt is a crime?
43. Explain the offence of Dowry death. What are the defiances available the accused husband in trial?
44. What is rape? Can a man be guilty of the offence of rape against his own wife? Whether compelling the wife at the time of judicial separation is offensive?
45. A wife poisoned his husband in Dubai, the husband died in Dubai – what shall be consequences when the wife would come back in India?
46. A man committed rape to a minor girl – police applied POCSO Act – whether the non- application of IPC could be justified?
47. What is valuable security? A man selling some old Postal Stamps before the General post office of Kolkata – Police arrested him – whether he is guilty?
48. The maxim ‘Ignorantia juris non excusat; (ignorance of law excuses Non) explain in relation to its application to criminal offences.
49. Mc Nanghten’s rule in section 84 of IPC, distinguishes between Legal insanity and medical insanity- discuss.
50. Distinguish between Common Intention and Common object. Ten people gathered with sticks to attack a police station – whether they can be charged with both Common Intention and Common object.

Additional questions 

  • An attempt to commit a crime must be distinguished from an Intention to commit it. Discuss with reference to section 511 of IPC. 
  • Explain the Doctrine of transferred malice.
  • In the scheme of the IPC, Culpable homicide (section 299) is Genus and murder is species. All murder is culpable homicide but vice versa. Discuss.
  • Accused offered a child to a crocodile under a superstition but Bonafide belief that the child will be returned unharmed, and it was killed. Discuss the offence of the father. 
  • A Government officer removes a file to his office, makes it Available to an outsider and then returns it after two days. Has He committed theft?
  • Explain Rarest of the rare case?
  • Write Note ” Rape committed by a number of persons”.
  • Write Note “Offences punishable under Sections 147, 148, 307, 302, 459, 460, 120B, 118, and 176 read with Section 149 of the Indian Penal Code by  offenders”
  • “Any member of the unlawful assembly can be prosecuted for the criminal act; it need not to be proved that he had committed an overt act”- Explain
  • “Section 149 makes it clear that if an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence; and that emphatically brings out the principle that the punishment prescribed by Section 149 is in a sense vicarious and does not always proceed on the basis that the offence has been actually committed by every member of the unlawful assembly.” -Explain in the light of  Prabhu Dayal Vs. State of Rajasthan [Criminal Appeal No. 2324 of 2014].
  • “After considering the material on record, we are of the considered view that the Appellant is not liable for conviction under Section 302 IPC. There is no evidence to show that the murder of Ram Kumar Sahu was a premeditated one. We are convinced that the Appellant did not have any intention to kill Ram Kumar Sahu. However, Appellant swung the tangi which hit Ram Kumar Sahu on his head and due to the said injury Ram Kumar Sahu had died. In conclusion, the Appellant’s conviction under Section 302 IPC is set aside. The Appellant is, however, convicted under Section 304 (Part II) IPC and sentenced to undergo imprisonment for a period of seven years ” -Explain.

  • “It is not in dispute that the injured, Smt. Honnamma (PW.23) sustained a grievous injury as a result of an assault by the appellant. She was referred to a neurologist for an expert opinion inasmuch as she had sustained an incised wound over the left parietal area. She had also sustained a fracture at the lower end of her right forearm. Since the evidence of PW.23 in respect of an overt act by the accused in injuring Smt. Honnamma is believable, in our considered opinion, the High Court was justified in convicting the appellant for the offence under Section 326, IPC” – the ingredient of section 326 of IPC.

Short Notes :

  1. Punishment of Fine
  2. Joint liability
  3. Meeting of mind
  4. Good faith
  5. Plea of Insanity
  6. Sucha Singh Vs State of Punjab
  7. Instigation of offence
  8. Conspiracy for murder, but later it was not committed.
  9. Charge of sedition
  10. Constructive liability
  11. Harbouring an offender
  12. Public nuisance
  13. Food adulteration
  14. Section 498A vs section 306 of IPC
  15. Arrest without authority